Instructions - Statement of Assets
INSTRUCTIONS - STATEMENT OF ASSETS
JUDGMENT DEBTOR'S STATEMENT OF ASSETS
INSTRUCTIONS TO JUDGMENT CREDITOR
TO JUDGMENT CREDITOR:
You have been granted a judgment against the judgment debtor. At this point, if you so
desire, you may have an attorney assist you in the collection of your judgment. You
may also do the debt collection on your own. The Clerk's office has the instructions
and forms that will assist you with garnishments on the judgment debtor's bank account
and/or their wages if you know where a bank account is located or where the judgment
debtor is employed.
YOU MUST KEEP AN ACCOUNTING OF MONEY RECEIVED, INTEREST ACCRUED
AND BALANCE DUE. The Court may require you to produce your records in the event
that an objection is filed. A sample accounting form is attached for your convenience.
(Form 9)
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If the judgment debtor has not paid you the amount of the judgment with costs
and interest due within 15 days of the date of the judgment:
Mail a copy of the Journal Entry of Judgment that was provided with your copy of
the journal entry and the Judgment Debtor's Statement of Assets (Form #1) form.
You must obtain from the post office a certificate of mailing (P.S. Form 3817). This
form shows the date that you mailed the two items to the Judgment Debtor. This form
must be filed with the Clerk of the District Court.
The judgment debtor has 30 days from the date of mailing to complete the
asset form and return it to the clerk's office.
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If the judgment debtor fails to return the Statement of Assets to the Clerk of
District Court, you may file with the court the following:
Form #2 - Affidavit Showing Indirect Contempt
The Clerk of District Court will issue a Summons for Indirect Contempt requiring
the judgment debtor to appear in court on a specific date. You are not required to
appear on that date. If the judgment debtor appears, the judge will have them
complete the Statement of Assets form and it will be mailed to you.
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If the judgment debtor fails to appear, a bench warrant will be issued for their
arrest.
The purpose of the Statement of Assets form is to give you information so that
INSTRUCTIONS - STATEMENT OF ASSETS
you can collect your debt.